New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Website Authentication by Contents, Testimony of Witness Present at Creation — Discrepancies between Testimony & Webpage Goes to Weight — No Need for Expert — Objection Must Be Specific to Preserve Review

United States v. Blanchard, 867 F.3d 1 (1st Cir. 2017): Following a jury trial in the United States District Court for the District of Maine, Fritz Blanchard was convicted of one count of aiding and abetting the interstate transportation of…
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Full Social Media Authentication Not Required for Photo Pulled from Facebook — Origin of Photo Not Critical — Judge Need Not Be Persuaded of Authenticity, As Long As a Jury Reasonably Could Be

Beaty v. State, 2017 Tex. App. LEXIS 10694  (Tex. Ct. App. Nov. 15, 2017): MEMORANDUM OPINION A jury found appellant Phillip Beaty guilty of aggravated assault with a deadly weapon. See Tex. Penal Code § 22.02(a)(2). The jury then…
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Inherent Power Sanctions: 10th Cir. Holds It Violates Discovery Stay to Take Consensual Interview of 1 Defendant under Oath As Part of Settlement to Use Against Others on SJ — Deposition-Like Transcript (Improper) vs. Affidavit (OK) — Transcript Out

Marin v. King, 2018 U.S. App. LEXIS 100 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* This case arises out of the execution of three search warrants on a New Mexico ranch owned by Plaintiffs Mario and Reyes Marin.…
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Sanctions: Unquantified Order Requiring Pl’s Counsel to Pay Fees for Civil Contempt & §1927 / Rule 11 Violations Is Unappealable Even If Def Won’t Move for Fees & Case Is Suspended until Fees Are Paid & Even Though Non-Party May Appeal Contempt

Cruz v. Fulton, 2018 WL 297191 (5th Cir. Jan. 4, 2018): PER CURIAM:* In a contempt order against counsel in the underlying litigation, the district court ordered Louis R. Koerner, plaintiff’s lead counsel, “to pay all of the fees, costs, …
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Rule 37[(c)] Sanctions & Multi-District Litigation: MDL Court Has “Wide Latitude” to Dismiss for Non-Compliance with Court Order Where Party on Notice & Has Opportunity to Respond — 37(b) Dismissal Factors (3d Cir.)

In re Avandia Mktg. & Sales Pracs. & Prods. Liab. Lit., 2017 WL 1401285 (3d Cir. April 19, 2017): PER CURIAM *1 The Mayfields appeal pro se from the District Court’s order dismissing their complaint with prejudice after they failed…
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Email [Text] Evidence: Request or Proposal ≠ Hearsay Because It Doesn’t Assert the Truth of Any Fact — Photo of Email Must Be Authenticated As Photo (Fair & Accurate) and Writing (Circumstantial Evid., Including Contents)

People v. Dodge, 2017 Cal. App. Unpub. LEXIS 8503, 2017 WL 6350073 (Cal. Ct. App. Dec. 13, 2017): A jury convicted defendant Aaron Dodge of several drug offenses and acquitted him of several others. The jury found him guilty of…
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3d Circuit’s 7-Factor Test for Admitting Tape Recordings in Criminal Cases Is Not The Sole Test — Tape Recordings of Voicemails Admitted on Testimony of Recipient/Taper — Gaps in Chain of Custody Go to Weight

United States v. Credico, 2017 U.S. App. LEXIS 25472 (3d Cir. Dec. 18, 2017) (affirming the decision excerpted in our post of Nov. 19, 2016): Defendant Justin Credico appeals from his conviction after a jury trial for threatening federal agents…
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Spoliation: Bad Faith Needed in 10th Cir. But Breach of Reg Gives Rise to Bursting Bubble Presumption (R. 301) Against Destroyer—Opening Statement Opens Door to Evid on Matters Mentioned, Waives In Limine Motion, Which Must Be Renewed at Trial (R. 103)

EEOC v. JetStream Ground Servs., Inc., 2017 U.S. App. LEXIS 26867 (10th Cir. Dec. 28, 2017): A jury rejected an employment-discrimination claim against JetStream Ground Services, Inc. filed by several Muslim women and the Equal Employment Opportunity Commission (EEOC) (collectively, …
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Recent Articles

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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